Gasper v. Louisiana Stadium & Exposition Dist.

The court affirms the lower court's dismissal, for failure to state a claim upon which relief could be granted, of a suit for injunctive relief asking that the defendant proprietor of a sports stadium be enjoined from permitting the smoking of tobacco during public events. The court finds that plaintiffs' reliance on an alleged constitutional right to be free from noxious fumes is misplaced. Therefore, this Civil Rights Act case seeking to vindicate such rights was properly dismissed by the trial court. A dissent views as improper the dismissal for failure to state a claim upon which relief could be granted, and would remand for a hearing on the merits.